EAST STROUDSBURG UNIVERSITY

Dr. Doreen M. Tobin Title IX Coordinator

Ms. Patricia A. KashnerDeputy Title IX Coordinator

Chief Robin OlsonUniversity Chief of Police

Corporal Michael FlahertyUniversity Police

Addressing Sexual Misconduct and Other Crimes on Campus:

TITLE IX and Clery Requirements

Federal Mandates Regarding Campus Crime

Intersecting legislation and task force reports aimed at addressing sexual

misconduct and other crimes on college and university campuses include:

Clery ActCampus SaVE ActViolence Against Women Act (VAWA)Not Alone: White House Report Title IX

What Is Title IX

1972 Landmark civil rights protectionProvides protection from all forms of

sexual misconduct including: sex-based discrimination, harassment, or gender violence at any educational institution receiving federal funding

Students are the primary focus of Title IX, although it is applicable to all campus constituencies

Applies to males and females, including gender non-conforming individuals

What is the Clery Act?

“Jeanne Clery Disclosure of Campus Security Police and Campus Crime Statistics Act” (formerly the Campus Security Act):

A federal law that requires U.S.

institutions of higher education to disclose campus security information including crime statistics for the campus and surrounding areas

Title IX Focus: Sexual Misconduct

Sexual Misconduct: All forms of harassment and violence

that are sexual in natureSex-Based Harassment:

Stalking, voyeurism, exhibitionism, verbal or physical abuse or threats thereof

Sex-Based Violence: Intimate partner or domestic partner

violence, dating violence, attempted or completed rape, and other forms of sexual assault

Sexual Misconduct & Sexual Discrimination are Defined as:

Any sex-based circumstances/events that deny or limit an individual’s ability to participate in or receive benefits, services, or opportunities in the university’s programs: academic programs, internships, sports, housing, admissions, health services, etc.

University Responsibilities Under Title IX and Clery

Policy and Process:o Maintain and advertise University policies, resources & services

aimed at addressing any instances of sexual misconduct and other campus crimes

o Identify individuals who serve as ESU’s Responsible Employees/CSAs

o Publish & distribute an annual Campus Security Report by October 1st of each year

o Support & keep an up-to-date daily log of all reported crimeso Has an obligation to investigate all reports of sexual misconduct

through the Title IX Coordinatoro Adopt and publish reporting and grievance procedures for the

timely resolution of complaintso Provide victims with on and off campus resources & services;o Take expedient action to assure victim/complainant can continue

education free of sex discrimination, sexual harassment or sexual violence

o Make accommodations for the victim/complainant as needed/requested in areas of housing, academic, work & transportation

University Responsibilities Under Title IX and Clery

Notification:o Immediate notification to the campus community is

required for crimes that pose a serious and ongoing threat

o Immediate notification is sent out through text message alert, siren system activation or through notification on the ESU homepage

o The campus must be notified in a timely manner (usually within 24 hours of a threatening incident)

o ‘Timely Warning’ notification may be given by voicemail, email, information bulletins, newspaper announcements, etc.

o These notifications are important as they make the campus aware of incidents and may prevent someone else from being harmed

University Responsibilities Under Title IX and Clery

Training:o Provide specific training for new and continuing

students on what constitutes sexual misconducto Train individuals identified as Responsible

Employees/CSAs on sexual misconduct, reportable crimes and campus reporting requirements

Critical Definitions

Responsible Employee per the OCRAny person who has the authority to take action to redress sexual harassment/misconduct; who has been given the duty of reporting incidents of sexual harassment/misconduct by student to the Title IX coordinator, or who a student reasonably believes has this authority or duty

CSA (Campus Security Authority) Any official with significant responsibility for student and campus

activities

What it Means to be a Responsible Employee/CSA

If someone tells you about a crime or an incident that might be a crime, record the information and submit a report

Simply get the facts - experts will do the analysis To make a report, complete the ESU Title IX Report Form and

forward it to the Title IX Coordinator, or complete the ESU Clery Incident Report Form and forward it to University Police

When in doubt, report it Questions? Contact: Title IX Coordinator, 570-422-3463 or University Police CSA Coordinator, 570-422-

3124

When Crimes Need to be Reported

Report the crime whenever a victim or witness calls it to your attention.

Be sure to document:•When the crime or incident occurred•When it was reported to you

*Clery requires that the crime be counted for thecalendar year in which it is reported.

Report All Crimes Even if They Did Not Occur at ESU

Any crime involving an ESU student while attending a University sponsored event, function or in conjunction with the educational process must be reported, no matter the location of the incident.

Example 1: A student is assaulted while attending a

university sponsored conference in another city.

Example 2: A student is being sexually harassed during an

academic internship at a local business.

Just Get the Facts__________________________

Clery and Title IX Coordinators will categorize the report; your job is to get the information the person is willing to tell you. Remember:

o You are not a detective.o You don’t have to prove what happened or

who was at fault.o You are not supposed to find the perpetrator.Clery: Use the report form provided by ESU. The

identity of a victim is confidential, not required, and should not be included in your CSA report.

Title IX: The victim must be identified, however, the victim can request anonymity from the Title IX Coordinator.

ESU Reporting, Resources & Services Options

Reporting options University Police Title IX and deputy Title IX coordinators Student Conduct Services Office of Diversity and Equal Opportunity

On Campus Resources University Health Services Counseling and Psychological Services Women’s Center, VOICE Center and GLTBQA Center

On Campus Services Academic, Housing, Employment and Transportation Adjustments Assistance with investigations, complaint and hearing options,

protection from abuse orders, and filing criminal complaints

Crime Reporting

Contact University Police for non-emergencies (570) 422-3064;911 for emergencies

Contact the Chief of University Police (570) 422-3124

Title IX: http://www4.esu.edu/titleix/index.cfm

Clery: http://www4.esu.edu/about/offices/police/index.cfm

Web Links

Visit our websites for further information

Title IX: http://www4.esu.edu/titleix/index.cfm

Clery: http://www4.esu.edu/about/offices/police/index.cfm

Questions